Issues of civil rulings, rulings and judgments

It's so easy.

It is not necessary to use a civil ruling to add a party.

We are peers, and I have worked on cases like this.

A notice of participation in the proceedings is sufficient.

I can't upload specific sample texts, you can go to the next volume of the "Court Litigation Document Template (Trial)" issued by the Supreme People's Court of Kazakhstan.

Hope you do your best.

Provincial and county people's courts.

Civil rulings.

200) No.

The person applying for execution shall specify the name or title and other basic information).

The respondent shall state the basic information such as the name or title).

This hospital is ...... enforcement(stating the names of the parties and the cause of action) case, for ......(Stating the facts and reasons for the execution of the guarantor's property). In accordance with the provisions of Article 140, Paragraph 1 (11) and Article 208 of the Civil Procedure Law of the People's Republic of China, Article 270 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, and Article 84 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (for Trial Implementation), the ruling is as follows:

The execution of the guarantor shall perform the part of the property.

This ruling shall take effect immediately upon service.

Judges

YYYYYYYYYYYYYYYYY

Clerk

After the guarantor assumes the guarantee liability, it can recover from the debtor.

However, if the debtor does not take the initiative to repay and cannot directly take away the house, he can only sue the court first, and the court will make a judgment, and then apply for enforcement if he does not perform the judgment after the judgment.

As for whether the house can be enforced, it depends on the specific situation when it is enforced, for example, if the other party only has this set of houses necessary for life, it is generally difficult to enforce.

Legal Analysis: Main Differences: A court ruling is a litigation document, a decision made on the handling of procedural issues or some substantive issues. Judgments relate to civil, criminal, administrative, and civil judgments attached to criminal cases.

1. A court ruling is a litigation document made by the adjudication organ in accordance with the law to deal with procedural issues or some substantive issues. In our country, a written ruling shall be drafted for a ruling permitting an appeal or prosecutorial counter-appeal in accordance with law. In the case of a second-instance ruling, a written ruling is generally also required.

The main contents of the ruling include: the matters to be adjudicated, the reasons and other matters that should be determined.

2. Judgment, a legal term, refers to a document written by a court based on a judgment. It is a commonly used style of applied writing in the legal profession, including civil judgments, criminal judgments, administrative judgments, and civil judgments attached to criminal cases.

Legal Basis: "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" Article 287: For convicts who have been sentenced to criminal punishment in accordance with law, if compulsory measures have already been taken, the public security organs shall transfer the convict for enforcement on the basis of the effective judgment, ruling, and enforcement notice of the people's court. If the defendant is in custody and the defendant is in custody, the public security organs shall immediately complete the formalities for release after receiving the corresponding legal documents; Where the people's court recommends an administrative disposition, it shall be handled in accordance with relevant provisions or transferred to the relevant departments.

A judgment is not a judgment.

1. The ruling is not a judgment. A judgment resolves the substantive issues of the case, while a ruling resolves both substantive and procedural issues. In a case, there is only one judgment that takes legal effect and is enforced, while there can be several rulings that take legal effect.

2. Legal basis: Article 171 of the Civil Procedure Law of the People's Republic of China.

Where a party is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the people's court at the level above within 15 days from the date on which the judgment is served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

2. What is the difference between a civil ruling and a civil judgment?

1. The applicable matters are different. The ruling addresses procedural issues in the course of the proceedings. The judgment resolves the rights and obligations disputed by the parties, that is, the substantive legal relationship;

2. The basis for making it is different. The law on which the decision is based is the Code of Civil Procedure and can be made at any stage of the proceedings, but the law on which the judgment is based is the substantive law and can only be made at the final stage of the case;

3. Different forms. The ruling may be in written or oral form, but the judgment must be in writing. Only rulings of inadmissibility, objections to jurisdiction, and dismissal of the lawsuit may be appealed.

Other rulings take legal effect once they are made, but all judgments can be appellate to the court's ruling, which is a litigation document and a decision on the handling of procedural issues or some substantive issues. Judgments relate to civil, criminal, administrative, and civil judgments attached to criminal cases.

Answer]: Civil judgment: A conclusive judgment made by the court on the substantive issues of the case in accordance with the law after the trial of a civil case in accordance with the procedures prescribed by law.

Civil ruling: The judgment made by the Zhupeixu Court on the relevant procedural matters in the course of hearing the civil afterburner case.

Civil decision: The court's lawful disposition of certain special matters in the litigation.

A civil ruling refers to a judgment made by the court on matters related to litigation procedures in order to ensure the smooth progress of the trial in the course of hearing a case. It is qualitatively different from a judgment, which is mainly to resolve procedural issues, that is, to ensure the progress of the litigation process. The judgment mainly resolves inter-substantive issues, that is, the civil rights and obligations of the parties.

Article 140 of the Code of Civil Procedure stipulates that the ruling shall apply to the following areas:

First, it is inadmissible. Inadmissibility means that when the people's court receives the plaintiff's complaint or oral complaint, it shall seriously conduct a review, and make a ruling of inadmissibility in accordance with the conditions for filing a lawsuit as provided for in Article 108 of the Civil Procedure Law of the People's Republic of China, the method of filing a lawsuit as provided for in Article 109, the circumstances of inadmissibility as provided for in Article 111, and the provisions of the relevant judicial interpretations. and served and returned the ruling and the relevant materials of the plaintiff's lawsuit to the plaintiff.

Second, the lawsuit was dismissed. Rejection of a lawsuit means that after the case is filed, the people's court discovers that the lawsuit does not meet the requirements for acceptance, and uses a ruling to dismiss the plaintiff's lawsuit.

Third, jurisdictional objections. After the people's court accepts the case, if the parties have objections to jurisdiction, they shall submit them during the period of submission of the reply. The people's court shall review the objections raised by the parties, and where the objections are sustained, rule to transfer the case to the people's court with jurisdiction, and if the objections are not sustained, rule to reject them.

Fourth, property preservation and prior enforcement.

Fifth, the withdrawal of the lawsuit is permitted or not.

Sixth, suspend or terminate the lawsuit. Suspension of litigation refers to the temporary suspension of litigation proceedings due to some insurmountable and unavoidable special circumstances in the course of litigation.

The conclusion of litigation refers to the conclusion of the litigation process due to the special circumstances that arise due to the death of one of the parties in a civil litigation that make it impossible or unnecessary to continue the litigation process.

Seventh, make up for clerical errors in the judgment. Clerical errors refer to miswriting, miscalculation, omission of litigation costs, miscalculations, and other clerical errors in legal documents.

Eighth, suspension or termination of enforcement. Suspension of enforcement refers to the temporary suspension of enforcement procedures due to the occurrence of a special circumstance, and the continuation of enforcement after the situation is eliminated.

Termination of enforcement refers to the termination of the enforcement procedure due to the occurrence of some special circumstances in the execution process, and it is impossible or unnecessary for the enforcement procedure to continue the execution.

Ninth, the arbitral award shall not be enforced.

Tenth, the creditor's rights document that has been given enforcement effect by the notary public shall not be enforced.

11. Other matters that need to be adjudicated and resolved.